Ex parte HOFMANN - Page 4




          Appeal No. 1999-2539                                       Page 4           
          Application No. 08/328,895                                                  


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejection, we make reference to the first Office action (Paper              
          No. 4, mailed September 28, 1995) and the answer (Paper No.                 
          26, mailed January 11, 1999) for the examiner's complete                    
          reasoning in support of the rejection, and to the brief (Paper              
          No. 25, filed November 16, 1998) and reply brief (Paper No.                 
          27, filed March 3, 1999) for the appellant's arguments                      
          thereagainst.                                                               


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  Upon evaluation of all the evidence before us, it                
          is our conclusion that the evidence adduced by the examiner is              
          insufficient to establish a prima facie case of obviousness                 
          with respect to the claims under appeal.  Accordingly, we will              
          not sustain the examiner's rejection of claims 1 to 3 and 5 to              









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